Babysitter Caught Stealing and Cashing Checks
My question involves criminal law for the state of: Georgia
So here's the scoop..
A few months ago I had a cannon stolen out of my garage, maybe Nov 25th or so, about 450$ of value.. Called and got a police report.
Last month December, I had someone buy something on my credit card from nike.com, I posted that here:
http://www.expertlaw.com/forums/show...803#post857803
Then in late December, I bounce a check because I had other "checks" posting that I didn't anticipate, which we find out later our forgeries.. Then last week I see a large check come through from the babysitter (she is 18 and has been from what we've seen is the first fraud check).. So I call my wife and she days, I didn't write it, not my signature.. So I look close and yah, no way she wrote it.. We look back from Jan 2014 and see that there are 11 checks we didn't write.. We don't pay too much attention as you can gather or we would have probably noticed them earlier.. If it hadn't been for an the last check which was completely unexpected I might still not know..
Fast forward, I compile all the info, print all the check and signatures on the back, and create a spreadsheet of all the information.. Since she lives at home I call her mom today and she comes over.. We show her all the info and she says she'd embarrassed and I tell her we'll be calling the cops, but I'd give her the consideration to let her husband know first..
Later on today the Dad comes over and I show him everything and he says the same thing, tell him I'll be calling the cops, but I'd give him the consideration of waiting until the morning..
He calls about an hour later and says the daughter wants to talk with us, so we go over there and I record the conversation.. She admits to doing all of it (except the cannon), she did the nike charge and the checks.. Says she wasn't smart enough to know that it was bad in a summary..
So, I'm wondering what my options are.. We plan to call the cops.. They look as if they'll tell the truth.. We want our cash back 2600$, but we want to see justice done as well (we trusted her with our children).. We also had at some point all of our financial info out, ss#, checks, credit cards, financial info, etc, etc.. completely exposed, because we left it all around in draws, etc.... We trusted her..
Anything I need to be weary of? Any advice anyone can give me here that I may not know.. I'm hoping I can call the cops, give them all the data and have them go over to her house which is across the street and get whatever they want from there..
Is she liable for the 2660, is she liable for a bounced check fee I got for a time that she was cashing checks from my account.. Is she liable for any costs for credit checks, changing accounts, life lock credit protection, etc..
Our reason for getting the cops involved is that we don't know what else may be compromised or what might show up in the future.. We are really in the early stages of understanding the extent of damages financially.
Is there any punitive or other damages along those lines that we can get as well?
Last but not least.. She won't cop to stealing the cannon, but common.. Never had any issues before.. very suspicious.. Do I have any hope here even though she denies this one thing?
Re: Babysitter Caught Stealing and Cashing Checks. Question About Possibilities Going
There's little reason for her to admit to the other stuff and then lie and say she wasn't involved in stealing the camera. Sure, you can sue her, but how are you going to collect a judgment and from where? Not too many 18 year olds have enough in assets that it can pay a civil judgment.
She's not liable for the credit card theft as it pertains to you. The credit card company, as I've stated before, is the victim here.
Re: Babysitter Caught Stealing and Cashing Checks. Question About Possibilities Going
So, wouldn't she go to jail when we call the police?
Wouldn't we get a judgment against her for 2600? Restitution? Wouldn't a judge order this as part of a plea bargain for the checks fraud?
Re: Babysitter Caught Stealing and Cashing Checks. Question About Possibilities Going
You seem to believe you control a criminal case. You do not. You don't get to decide as to whether anyone presses charges and you don't have any power as to decide her punishment.
Re: Babysitter Caught Stealing and Cashing Checks. Question About Possibilities Going
Sure a judge could make restitution part of her sentence. She can also offer to pay back $10.00 a month. At that rate, even after getting the $2600 back, you would never even see it.
I would have worked out a payment plan with the parents for $250 a month until it was paid off and in return, you don't call the police.
Re: Babysitter Caught Stealing and Cashing Checks. Question About Possibilities Going
^ I agree with his idea.
I would make an appointment with a local lawyer (most will offer free consultations) and see if an agreement may be written up, so that there are payments that cover the checks and bank/credit card fees, and a legal agreement written up (though it may not have much bearing). The camera may be hard to prove - did you register it with Cannon when you purchased it? If you did, you may be able to find out who is using it. I don't know how that works exactly, just when I have bought a camera of software, I am asked to register it complete with the unique number/serial number of the product.
At this point, I mean, the police can take a report and pass it onto the prosecutor....can you prove this is babysitters writing on the checks? That may be the difference between the police just taking a report or the report being forwarded for prosecution.
Civil Court...you can pursue it there, win the judgment, but....if she can't pay.....
Re: Babysitter Caught Stealing and Cashing Checks. Question About Possibilities Going
Quote:
Quoting
PandorasBox
^ I agree with his idea.
I would make an appointment with a local lawyer (most will offer free consultations) and see if an agreement may be written up, so that there are payments that cover the checks and bank/credit card fees, and a legal agreement written up (though it may not have much bearing). The camera may be hard to prove - did you register it with Cannon when you purchased it? If you did, you may be able to find out who is using it. I don't know how that works exactly, just when I have bought a camera of software, I am asked to register it complete with the unique number/serial number of the product.
At this point, I mean, the police can take a report and pass it onto the prosecutor....can you prove this is babysitters writing on the checks? That may be the difference between the police just taking a report or the report being forwarded for prosecution.
Civil Court...you can pursue it there, win the judgment, but....if she can't pay.....
Hum, I was under the impression that it was a cannon, one that would launch a projectile? If it were a Canon camera, why didn't the OP state a camera?
Re: Babysitter Caught Stealing and Cashing Checks. Question About Possibilities Going
When I first read it, I thought "Who the heck has a cannon in their garage"....and for only $450....
Then I thought...ok, Canon camera....
I think that cannon would be heavier though than a camera, and require more than one person to lift it and conspicuously get it out of the house and into a vehicle.....
OP? Canon as in camera, or some mini version of a cannon?
Re: Babysitter Caught Stealing and Cashing Checks. Question About Possibilities Going
Quote:
Quoting
PandorasBox
When I first read it, I thought "Who the heck has a cannon in their garage"....and for only $450....
Then I thought...ok, Canon camera....
I think that cannon would be heavier though than a camera, and require more than one person to lift it and conspicuously get it out of the house and into a vehicle.....
OP? Canon as in camera, or some mini version of a cannon?
They make small cannons that are about 2' long. I'm not sure of the exact weight, but if I were to guess, I would have to say about 60 lbs?
- - - Updated - - -
Here is even a smaller one then what I'm talking about.
https://www.youtube.com/watch?v=CBuMgnZm3MI
Re: Babysitter Caught Stealing and Cashing Checks. Question About Possibilities Going